Citation Nr: 21022733
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 15-31 537
DATE: April 19, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1971 to February 1974. 

1. Entitlement to service connection for bilateral hearing loss is remanded.

The issue of entitlement to service connection for bilateral hearing loss was remanded in a March 2019 Board decision.  The Board directed the AOJ to obtain an addendum opinion, which it did not do.  The 2014 VA hearing loss examiner conceded military noise exposure related to tinnitus but did not discuss it as related to hearing loss.  The examiner did not inquire about intercurrent noise exposure.  Unfortunately, there has not been substantial compliance with the Board’s previous remand directives.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The matter is REMANDED for the following action:

1. Obtain an addendum opinion for the issue of service connection for bilateral hearing loss.  The examiner should answer the following questions: 

(a.) Does the Veteran have a hearing loss disability that is at least as likely as not related to an in-service injury, event, or disease? 

(b.) In the opinion, the examiner needs to include reference to military noise exposure, history of intercurrent noise exposure post-service (like recreational or civilian work). 

(c.) The examiner needs to opine on whether service-connected tinnitus disability at least as likely as not caused or aggravated the Veteran’s bilateral hearing loss. 

(d.) A new VA examination is not required, but the examiner may need to contact the Veteran to discuss his history of noise exposure. 

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Miller, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.